In a significant judgment that underscores the need for a nuanced approach in cases involving consensual relationships between young adults, the Allahabad High Court has granted bail to a man accused under the Protection of Children from Sexual Offences (POCSO) Act. The case, Criminal Misc. Bail Application No. 18596 of 2024, was heard by Justice Krishan Pahal, who delivered the verdict on July 3, 2024.
Case Background:
The applicant, Satish alias Chand, was accused in Case Crime No. 205 of 2023, registered under Sections 363, 366, 376 of the Indian Penal Code (IPC) and Section 5(J)2/6 of the POCSO Act at Police Station Barahaj, District Deoria. The prosecution alleged that on June 13, 2023, at around 4:00 PM, the applicant enticed away the minor daughter of the informant.
Key Arguments:
The applicant’s counsel, Sri Manvendra Kumar, argued that his client was falsely implicated. He pointed out that the FIR was delayed by four days without proper explanation. The counsel emphasized that the victim, as per her statement under Section 164 of the Criminal Procedure Code (CrPC), was a consenting party and claimed to be 18 years old. It was also argued that the couple was in love, had eloped due to fear of their parents, and had solemnized their marriage in a temple. Importantly, the victim was six months pregnant at the time and has since given birth to a daughter.
The state’s counsel, Sri Pranshu Kumar, opposed the bail application but did not dispute the birth of the child or the applicant’s lack of criminal history.
Legal Issues and Court’s Observations:
1. Age Determination: The court noted that the ossification test reported the victim’s age as 18 years. Citing Supreme Court judgments, Justice Pahal highlighted that radiological age determination has a margin of error of 1-2 years.
2. Bail as a Rule: The court emphasized the principle of “Presumption of Innocence Unless Proven Guilty” and the right to life and liberty under Article 21 of the Indian Constitution.
3. POCSO Act Application: Justice Pahal expressed concern about the application of the POCSO Act in cases involving consensual relationships between adolescents. He stressed the need for a pragmatic approach, especially considering the birth of a child from the relationship.
4. Societal Impact: The court acknowledged the changing social dynamics, noting the increasing instances of marriages within the same village, which traditionally was not customary.
Court’s Decision:
Considering the facts and circumstances, Justice Pahal granted bail to the applicant, Satish alias Chand, with several conditions:
1. The applicant must deposit Rs. 2,00,000 as a fixed deposit in the name of the newborn child within six months of release.
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2. Standard bail conditions including non-tampering with evidence, non-intimidation of witnesses, and regular court appearances were imposed.
3. The court emphasized that the applicant had expressed willingness to take care of his wife (the victim) and the infant.
